civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

To the right is a neighborhood bar, which has been there again for 90 or 100 years.

Similar wording

Here are the two spaces.

Similar wording

The curb cut has been here forever.

Similar wording

We're just a new block installed at the time I took these photographs.

Similar wording

The garages are in the background and the bar is to the right.

Similar wording

just another view of the open air parking spaces this is hollywood street there are the six homes

Similar wording

under construction the back end of the bars to the right so more photographs looking westbound

Similar wording

or reed street mr mccann lives directly across the street photographs just depicting the placing

Similar wording

of the placards for notice of today's hearing uh plans pretty straightforward we do have streets

Similar wording

apartment approval. Vehicles were able to pull in, back out without getting into the street

Similar wording

and then heading west on Reed Street. Some other views of the parking area, but this is the

Similar wording

photograph that I told you is somewhat dated. You can see it was three-car garage at one point

Similar wording

and the foreground is Hollywood Street.

Similar wording

Can you, I'm sorry, can you make that a little bigger or is it?

Similar wording

Sure. Which section did you want to see?

Similar wording

The older picture that you had.

Similar wording

Okay.

Similar wording

That one, yes.

Similar wording

The bar is in the background.

Similar wording

Hollywood Street is here.

Similar wording

And you can see it's a three-bay garage.

Similar wording

Again, not a great photograph.

Similar wording

That's the only angle we could find.

Similar wording

But that's the best proof of what it used to be.

Similar wording

so that's a presentation uh basically pretty straightforward wait a minute here's the streets

Similar wording

department approval indicating that turning radius uh works and we do have their approval

Similar wording

so just in summary uh we're looking to legalize um two open air spaces which have been in existence

Similar wording

and Mr. McCann can back me up on that for at least 50 years and possibly longer.

Similar wording

for at least 50 years and possibly longer.

Similar wording

In fact, Mr. McCann bought the property in 2017,

Similar wording

In fact, Mr. McCann...

Similar wording

has been using it as parking spaces since then.

Similar wording

And prior owner, Mr. Gibson, who the McCann family knows,

Similar wording

also used this area for parking.

Similar wording

We're not affecting any development of any adjacent properties,

Similar wording

not affecting any lighter air for any adjacent properties.

Similar wording

Basically, it's consistent with use for over 50 years.

Similar wording

It's in a CMX2 district adjacent to a bar and adjacent to two other garages on Hollywood Street.

Similar wording

And with that, I'd ask my client to unmute himself to adopt my testimony.

Similar wording

Mr. McCann, can you raise your hand and be on mute it, please?

Similar wording

Morning, Mr. McCann.

Similar wording

hi good morning could you please state your name and spell for the stenographer

Similar wording

first name is james j-a-m-e-s last name is mccann m-c-c-a-n-n swear or affirm to tell

Similar wording

the truth the whole truth nothing but the truth yes i do please proceed counsel thank you mr

Similar wording

chairman uh mr mccann were you on the call when i presented your uh request for two open air

Similar wording

parking spaces yes i was and uh how long have those parking spaces been in existence uh i would

Similar wording

say seven at least 70 years right and how long have you and your family lived on the block directly

Similar wording

across the street from these spots 50 years i have okay no further questions mr mccann thank you very

Similar wording

much thank you questions from questions from the board you have a question so these these were

Similar wording

garages that were

Similar wording

from the 50s

Similar wording

or whatever? Is that what it is?

Similar wording

Yes.

Similar wording

It's kind of

Similar wording

hard to imagine that they were actually

Similar wording

garages for cars because

Similar wording

1950 cars were like

Similar wording

huge.

Similar wording

I agree.

Similar wording

I guess the only other concern is

Similar wording

how does one

Similar wording

regulate

Similar wording

that only

Similar wording

microcars or compact cars parked there? How does that get regulated?

Similar wording

I don't mean to be flippant, but I guess just common sense-wise, I mean,

Similar wording

the McCanns live across the street, and they're going to keep compact cars there because anything

Similar wording

larger, I mean, you still have, it looks like maybe a foot or two to come out further, but

Similar wording

I don't think that they're in the habit

Similar wording

look I can't guarantee it Mr. Johns

Similar wording

but I can't

Similar wording

guarantee that they're

Similar wording

in the habit of parking anything

Similar wording

larger than what you see in these photographs

Similar wording

and we didn't

Similar wording

set this photograph up just to show you

Similar wording

compact cars this is what is

Similar wording

usually in the spots

Similar wording

so what is considered

Similar wording

a compact car

Similar wording

like in terms of

Similar wording

measurements i mean the parking spaces generally it's you know certain length and width that

Similar wording

they're looking for right so this is considered um so different just because of the area

Similar wording

where these are located or i don't know if i'll answer your question but the width of the lot is

Similar wording

17 feet. So right now there's a compact car in there and the parking space outline is 15 feet

Similar wording

and you have front and back area within that envelope available. And you also have some

Similar wording

area to the front of the envelope and to the rear. So when we have a typical parking spot,

Similar wording

The drawings that I see are usually in the 17 to 18 feet depth.

Similar wording

I mean, the lot is 17 feet.

Similar wording

If, as Mr. John says, we park a larger vehicle, or Mr. McHann or his family parks a larger

Similar wording

vehicle there, he certainly has room based on the subcompact car to move forward, and

Similar wording

there's going to be some room at the back.

Similar wording

But I don't want to stand before this board and tell you that there has never been a larger

Similar wording

car in this spot.

Similar wording

And I would never do that.

Similar wording

But it has been in existence, as Mr. McCann said, for 70 years.

Similar wording

And there have been those situations that I can bring Mr. McCann back on it and ask him the questions, whether he's ever gotten a complaint from anybody about parking a larger car there.

Similar wording

If that would be helpful.

Similar wording

If that would be helpful.

Similar wording

I guess what I'm seeing is, you know, the picture you show from the archives, if you will, or archival picture is like, it looks like it's an enclosed, like, garage.

Similar wording

I guess.

Similar wording

Oh, absolutely.

Similar wording

And then at some point, that garage goes away.

Similar wording

And now we have these two spaces.

Similar wording

So when we talk about the 70 years that the spaces have been here, was it just when it was an enclosed garage or after the garages went away?

Similar wording

Do we know that? I mean, how long are we talking about that this has been an open air?

Similar wording

I think Mr. McCann said that he's been on the block and his family for 50 years.

Similar wording

so it's been open air for 50 years

Similar wording

and I thought he

Similar wording

intimated that it was even

Similar wording

70 but I don't want to

Similar wording

I don't want to punch words I could bring them back

Similar wording

more to make sure right yeah

Similar wording

he said 70 and I'm like okay

Similar wording

I'm not sure how we okay

Similar wording

okay

Similar wording

yeah the questions

Similar wording

yeah I just

Similar wording

want to confirm these are public parking

Similar wording

spaces and not for private

Similar wording

use correct

Similar wording

no no these are

Similar wording

This is owned, when Mr., this property, 1353, he owns this ground.

Similar wording

He bought it from a neighbor on the block, a Mr. Gibson, who also used the area for parking.

Similar wording

So it's deeded to him.

Similar wording

We have a deed to the property.

Similar wording

1353 South Hollywood

Similar wording

from Rosemary Gibson

Similar wording

Mr. Gibson's son to James McCann

Similar wording

and the Gibsons

Similar wording

owned it since 1980

Similar wording

and they live across the street

Similar wording

is that what it is?

Similar wording

yeah Mr. McCann

Similar wording

lives directly across the street

Similar wording

so his address is the 2900 block

Similar wording

of Reed Street directly across

Similar wording

the street

Similar wording

okay

Similar wording

so it i'll just bring you to the zoning map so if this is cmx2 the the blue uh rectangle is the

Similar wording

parking space he lives literally directly across the street and his and his sister lives on the

Similar wording

street and his mother lives on the street any other questions for the board questions or

Similar wording

comments from our attorney? Not at this time, Mr. Chairman. Mr. Chair, comments from the virtual

Similar wording

audience? There are no hands, Chair. Planning Commission. Thank you, Chairman, and good

Similar wording

morning. David Fecto with the City Planning Commission. Chairman and board members, the

Similar wording

comprehensive plan recommends no change to the CMX2 commercial mixed-use zoning at this location.

Similar wording

The appellant requests to legalize two undersized existing parking spaces.

Similar wording

We will note that there is no enforcement mechanism that exists that would prevent someone from parking a vehicle other than a compact car in these spaces.

Similar wording

A full-length car or truck would overhang the sidewalk and block access to the sidewalk for pedestrians.

Similar wording

The parking area appears to be large enough for one parking space, not two.

Similar wording

the city planning commission recommends the board grant the special exception for the proposed

Similar wording

non-accessory parking space limited to one parking space and deny the proposed use variance for two

Similar wording

compact spaces mr clinton i'm going to hold this and take this to executive session next wednesday

Similar wording

we're going to have a conversation with the board members and and take a look at this okay

Similar wording

Understood. Thank you. We will definitely we'll definitely vote on this next Wednesday at 930 a.m.

Similar wording

Thank you very much.

Similar wording

Number 17, MI 2024-005-319-2500 Federal Street. Joseph Vaccaro is the attorney.

Similar wording

Joseph Vaccaro is coming in as a panelist.

Similar wording

Mr. Vaccaro.

Similar wording

Good morning. Can you hear me?

Similar wording

I can, Mr. Vaccaro.

Similar wording

Could you put your video on?

Similar wording

Can you see me?

Similar wording

I can. Please state your name

Similar wording

and spell for the stenographer.

Similar wording

Good morning. My name is Joseph Vaccaro, V-A-C-C-A-R-O, Attorney for the Applicants Gentiana and Orgesi Dinach.

Similar wording

Good morning. My name is Joseph Vaccaro,

Similar wording

V-A-C-C-A-R-O.

Similar wording

We are affirmed to tell the truth, the whole truth, and nothing but the truth.

Similar wording

Yes, I do.

Similar wording

I notice there is support from the Point Breeze Community Development Coalition of a vote of 5 to 1.

Similar wording

Our Vice Chair has a few questions, sir.

Similar wording

Good morning, Mr. McGarrow. Do you agree to waive the reading of the refusal or stipulate to his accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Similar wording

They were uploaded.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you very much. If I may share my screen.

Similar wording

I'm looking for the document here.

Similar wording

One moment, please.

Similar wording

Coming up now.

Similar wording

Okay.

Similar wording

can you see that? Okay. Essentially, this is an application to permit the use of this property,

Similar wording

which is zoned as I-2, to permit this property to be used for a takeout and eat-in restaurant

Similar wording

with two apartments above and a roof deck. As I said, the property is zoned as I-2.

Similar wording

Gentiano and her husband, Orgesi Dinage, purchased the property on January 9th, 2023.

Similar wording

That's when they acquired the property.

Similar wording

And the property is an empty shell at this point, as I will show you shortly.

Similar wording

Scrolling up, these are some photographs of what the property looks like now.

Similar wording

It's a single-story, empty shell of a building, assuming that, and hopefully if we get the board's variance after today's proceeding, my clients intend to have this structure demolished and build up the structure that I have shown you in that first photograph, which I'll get back to again.

Similar wording

This is an outside view. It's a corner property. This section here where my cursor is with this garage door, this is on Federal Street. This is 2500 Federal Street. This, where these vehicles are parked, this is 25th Street.

Similar wording

So this is a corner view of the current property.

Similar wording

Here's the front view of the property.

Similar wording

Here's the view from 25th Street.

Similar wording

If you see the second floor, this would be on 2502.

Similar wording

So the second story is not part of our property.

Similar wording

This is the neighborhood property at 2502.

Similar wording

Another view of the current structure.

Similar wording

et cetera.

Similar wording

Moving down

Similar wording

to the rendition,

Similar wording